Current Status Bill Number:633 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970409 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:res1374.mtr Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Electric power, contract to provide power not permitted unless authorized by law, Electricity, Public Service Commission
Body Date Action Description Com Leg Involved
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Senate 19970409 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND ARTICLE 1, CHAPTER 27, TITLE 58 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES, BY ADDING SECTION 58-27-35 SO AS TO PROVIDE THAT NO CONTRACT OR AGREEMENT FOR THE PROVISION OF ELECTRIC POWER SHALL BE PERMITTED UNLESS THE ENTITY PROPOSING TO PROVIDE THE ELECTRIC POWER IS AUTHORIZED BY LAW TO PROVIDE ELECTRIC POWER ON THE DATE THE CONTRACT OR AGREEMENT IS EXECUTED; AND TO FURTHER PROVIDE THAT ANY CONTRACT OR AGREEMENT REGARDING THE PROVISION OF ELECTRIC POWER ENTERED INTO BETWEEN: (1) AN ENTITY THAT WAS NOT AUTHORIZED TO PROVIDE ELECTRIC POWER ON THE DATE THE CONTRACT OR AGREEMENT WAS EXECUTED, AND (2) A PERSON TO WHOM ELECTRIC POWER IS PROPOSED TO BE PROVIDED BY THE ENTITY WHEN THE ENTITY IS SO AUTHORIZED, IS HEREBY DECLARED VOID AB INITIO, WHETHER THE CONTRACT OR AGREEMENT WAS EXECUTED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 27, Title 58 of the 1976 Code is amended by adding:
"Section 58-27-35. (A) No contract or agreement for the provision of electric power shall be permitted unless the entity proposing to provide the electric power is authorized by law to provide electric power on the date the contract or agreement is executed.
(B) Any contract or agreement regarding the provision of electric power entered into between: (1) an entity that was not authorized to provide electric power on the date the contract or agreement was executed, and (2) a person to whom electric power is proposed to be provided by the entity when the entity is so authorized, is hereby declared void ab initio, whether the contract or agreement was executed before, on, or after the effective date of this section.
(C) If a provision of this section or the application of a provision of this section to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable."
SECTION 2. This act takes effect upon approval by the Governor.